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Man Sues Bank For Wrongfully Seizing Subaru WRX

Lawsuit / 11 Comments

You wouldn’t be happy either if your car was repossessed by the bank over a loan you never took out.

Picture the scene. You're going about your day when you get contacted by a repossession company out of the blue telling you that your beloved Subaru WRX has been seized because you defaulted on a loan you know nothing about. Unfortunately, this is what happened to Tage Kendall, who works as a miner in Yukon two weeks per month.

According to CBC, Kendall first received a message on Facebook back in June from a Surrey collection company threatening to repossess his 2006 Subaru Impreza WRX STI because he had defaulted on a loan with the Royal Bank of Canada – despite not having a loan or account with the bank. Suspicious of the message being sent through Facebook, he dismissed the warning since he was the registered owner of the car and had proof of purchase. "It's paid for and it's mine," he wrote to the repossession company.

The next month, he received a call from his building manager while working across the country telling him that a bailiff was demanding access to the underground parking to seize the car. The car, which Kendall describes as "his pride and joy," was towed away and was to be sold at an auction within 21 days. Because of this, Kendall had to take time off work to fly home across Canada and deal with the "unlawful seizure of the Subaru."

He then learned that the repossession company's client was the RBC, and the basis for the seizure was a default on a debt by a person who named him as a co-signer on the Subaru, yet the bank refused to show him any of the paperwork he had allegedly signed on request.

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On July 11, the RBC returned the car with no explanation or apology, with a letter stating it had no further business with the car. Understandably, Kendall isn't happy about how the RBC handled the situation and is suing the company for damages exceeding $35,000 Canadian dollars ($27,000 USD) over the wages he lost when taking time off from his job to recover the car, a missing car cover, and the way he was treated by the company.

"I was in utter disbelief and felt completely blindsided," Kendall said when describing his ordeal to CBC. The RBC has responded saying it regrets the "frustrations and inconvenience" Kendall experienced, adding that "due to an error, a lien was registered to the incorrect vehicle. As soon as we became aware of this error, we worked with Mr. Kendall to have his car returned to him."